St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-13

filed are void they cannot be made good
by amendment, though the amended ar
ticles are properly filed. Articles signed
by only two persons held not good as
original articles of incorporation under
ch. lS4, laws 1885. Judgment for the
state. GHFILLAN, CD
Emma Nj. Lanpher and Obid p. Ian
pher, respondent, VS.. William J.
Glenn, William Schmidt, John Miner,
James McDOnough and Frederick
Emmert, respondents.
SyllabuS-At the common law cove
nant i'll Il lease of land for term was
not terminated by destruction by fire of
the buildings on the land. unless SO
provided in the lease. A lease of
building go nomine is Il lease of the land
on which the building stands, a lease
construed to be of the entire building
and SO to pass an interest in the land.
Judgment affirmed. GILFLLAN,C. j.
Byron Nj. Smith, as administrator of the
estate of Sophia Cournoyer, deceased,
respondent, VS.. NelS Swenson, appel
liant.
Syllabus-Where there was sale of
real estate in fact by Il guardian under
license from the proper probate court,
however irregular or erroneous the sale
proceeding may be, the limitation upon
an action To recover the property pre-
scribed in sec. -, CHI. 81, Comp. Stat.
1858: see. 46, CHI. 81, Gen.Stat. 1878. Or
der reversed and Judgment ordered for
defendant. GILFILLAN, {. j.
Annie NJ. and c. III. Hegenmyer, re-
SpondentS, VS.. Bennett ID. Marks, APP
pellant.
SyllabuS-H, an owner of piece of
land, authorized { to sell it SO that it
should bring a specified net sum to her,
he to have for making the sale, all above
that sum for which he might sell. Held,
that it was his duty upon afterwards
learning of fact in the condition of
the land increasing its value, and of
which she was ignorant when she au-
thOriZed him to sell, to inform her of
the fact, and a sale by him on the basis
of the sum fixed without so informing
her, was Il fraud. Also held, that on
such sale the purchaser knowing of
the fraud the owner i'll order to reScind
the sale need to tender return of only
what she received and need not tender
a return of what c received and re-
tanned. Judgment affirmed.
GILFILLAN, c. j.
James Sullivan, as treasurer of the
county of Scott, appellant, VS.. Will
lam Webber and Jacob Schmitt, re-
Spondents:
Also, the same against Samuel Bowler
and Jacob Schmitt.
SyllabuS-A stay of proceedings
until motion for an I'M JUNCTION may be
heard and determined is not revived nor
continued by ali appeal, with a stay
A Ar.In al ri...r
junction. Order affirmed.
GILFILLAN, CD.
ID. NJ. Osborn IL Co., respondents. VS.. O.
l.. Nelson and a. Wilson, appellants.
SyllabuS-The vacation of return
on an execution of satisfaction by levy
and sale of personal property sustained,
where mortgage of the property recOv-
cred its full value from the Judgment
creditor, it not appearing that the debtor
had, at the time of the levy and sale,
any valuable interest in it. Order af-
firmed. GILFILLAN, G.. j.
John Taylor, appellant, VS.. Day Spauld-
ing, respondent.
Syllabus-Order setting aside YER
dict as not justified by the evidence sus-
tanned. Following rule in Hicks VS..
Stone, Is Minnesota 434. Order affirmed.
GILFIILAN, 4. j.
The Cedar Rapids, Iowa Falls & North
western Railway company, appellant,
VS.. Martin Ryan and j. S. Wheeler ct
al. respondents.
Also the Cedar Rapids, Iowa Falls IL
Northwestern Railway company, APP
pellant, VS.. James &. Kelly and p. u.
kniSS, respondents.
SyllabuS-Rule followed that in con-
demnatlon proceedings where several
lots constituted and are used as one
farm the damage to the whole as a unit is
to be allowed, though but a part of one
of the lots be actually taken; and also
the rule that in proving the damage
the value of the farm without the rail-
railroad on it, and its value with the
railroad on it may be shown. Order
affirmed. GILFILI.AN, G. j.
John B. Gilfillan, respondent, VS.. Jesse
Is. Chatterton, appellant.
SyllabuS-SteWart VS.. Minneapolis u
st. Louis Railway company 81, n. w.
X. 351, followed to the effect that upon
sale OF land for taxes proper certifi-
cate of sale is essential to complete the
sale, and that it must be executed at the
time of the sale or within such time
thereafter as may be reasonably neceS-
sary for the purposes. One executed
years afterward is of no effect. Order
affirmed. GILFH.LAN, e. j.
Henry II. Anderson and Otis Bigelow,
respondents, VS.. Samuel Peterson, ap-
pellant.
Syllabus-Upon homestead entry in
this state under the law of the United
States, the father and mother dying, leav-
ing children under tWenty-one years of
gea. Il patent subsequently issued by the
land office granting the land so entered to
the ''minor heirs" of the father. passes
the title SO described in section 2,oo92 Re
vised Statutes of the United States, to-
wit: The children under twenty-one
years of age, though by the law of this
state some of them were not minors.
Judgment affirmed. GILFILLAN, CD.
OTHER CASES.
The supreme court affirmed the judg-
ment of the court below in the case of
Mary Case, appellant, VS.. Elroy Case,
respondent, for writ of assignment of
error. The cases of William Smith,